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Can you appeal a rejection before it goes to FAP?

30 replies

BlueSquirrels · 17/05/2025 14:53

Currently been out of mainstream education for 3 months after “withdrawing” from private school (being asked to leave) following drug use.

A state school accepted our in year 9 application, called us (parents and child) in for a meeting, said they were aware of the previous incident.

They said they knew that a substance abuse course has been completed and this was a chance at a fresh start.

We discussed what unform to buy etc. They said “don’t worry you can’t say anything wrong in the meeting we’ve already accepted you”. We gave proof of address. registered via applicaa.

Two days later to get an email saying they would be rejecting the application and referring to FAP based on “previously undisclosed information concerning a threat of exclusion”.

There was also a previous incident (vandalism) at a previous school in year 8 where we were advised to “withdraw”.

So despite there being no ‘official’ exclusions on record, is my child now being treated with the two exclusion rule and will FAP recommend a PRU??

OP posts:
prh47bridge · 18/05/2025 08:49

BlueSquirrels · 18/05/2025 07:24

Thanks for your reply. Would I appeal directly to the school or do we wait for this to go to the FAP panel and then appeal the FAP’s decision?

The rejection letter should have told you how to appeal the decision to refuse admission. If it didn't, contact the school and find out how to appeal. You appeal now. You don't need to wait for the FAP. You are appealing against the school's decision to refuse admission, not against the school the FAP choose. You are not appealing to the school. An independent appeals panel will decide your case.

CaptainFuture · 18/05/2025 08:30

How did dc present in meeting? Remorseful and apologetic for their behaviours?
Were you directly asked about previous challenging and difficult behaviours and didn't advise of being asked to leave a previous school due to their actions?

Annoyeddd · 18/05/2025 08:08

If you don't get into this school which I presume you feel is best for your child are there alternative mainstream schools that you can apply to?

BlueSquirrels · 18/05/2025 07:24

Thanks for your reply. Would I appeal directly to the school or do we wait for this to go to the FAP panel and then appeal the FAP’s decision?

OP posts:
PatriciaHolm · 17/05/2025 15:41

The admissions code also explicitly allows schools to refuse to admit a child in an in year application if it has good reasons to believe that the child may display "challenging behaviour"- defined as behaviour unlikely to be responsive to the usual range of interventions, or the behaviour is of severity, frequency or duration that is beyond the normal range that Schools can tolerate.

It can only rely on this if it also has a particularly high proportion of children with challenging behaviour or previously permanently excluded pupils compared to other schools and it considers another child with such behaviour would prejudice the provision of efficient education or resources.

I suspect that is the ground on which it's actually making this decision, especially if there were incidents that were not disclosed in the first application - it's likely they now have a full report from at least one of the previous schools. They don't actually have to be full exclusions.

You can appeal this decision, just as anybody can appeal any refusal to admit.